Professor Shaista Shameem, a prominent constitutional and human rights lawyer, has emphasized that any attempts to review the 2013 Constitution must take into account its existing provisions regarding constitutional review, which have been in place since 2014. She strongly advocates for involving the public in this process, arguing that a referendum is a critical aspect of governance that should not be overlooked or dismissed, as doing so would disregard the opinions of ordinary citizens.
In her view, while the 2013 Constitution includes several commendable features, it also contains elements that necessitate re-evaluation a decade later. Professor Shameem believes that those advocating for changes to the Constitution should embrace the idea of a referendum rather than fear it. She contends that if leaders approach the situation with genuine respect for the public’s viewpoints, they can alleviate any concerns about achieving the significant majority required for constitutional amendments.
She acknowledges that amending the Constitution typically calls for a large consensus, but asserts that it is not an insurmountable task if proponents can effectively persuade the public. Despite this, she suggests that many who wish to completely discard the current Constitution may lack confidence in their ability to sway public opinion, which could be why they consider pushing for changes outside the legal framework, an approach she deems unlawful.
Professor Shameem also addresses misconceptions surrounding the Constitution’s Bill of Rights, noting that limitations are commonplace and even enshrined in the Universal Declaration of Human Rights. She emphasizes that no legal framework globally grants unlimited rights, urging those who propose unrestricted rights to reflect on the detailed limitation provisions found in the 1997 Constitution, which were endorsed by civil society.
In conclusion, she stresses that before any suggestions for amending the 2013 Constitution are put forward, it is crucial for those behind the proposals to carefully reconsider their stance. Her insights underscore the importance of public engagement and the careful consideration of constitutional provisions in any review process.
This article highlights the ongoing conversation around constitutional reform and the significance of public involvement in governance. It reflects a thoughtful approach towards fostering a participatory democracy, where the voices of the people shape the laws that govern them.
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